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Summary

BERKELEY
CITY COUNCIL MEETING

Tuesday,
February 10, 2004 – 7:00
p.m.

Preliminary
Matters

Roll Call:7:01
p.m. All present.

Ceremonial Matters:

1.Proclamation
given to the American Heart Association in observance of Go Red for Women promoting
cardiovascular health.

2.Proclamation
presented to Bill Moore on his 90th birthday.

City Manager Comments:

1.All
Alameda County residents wishing to vote early may do so in the City Clerk’s
Office between the hours of 8:00 a.m. and 5:00 p.m. Monday to Friday now
through February 20, 2004.

2.The
City of Berkeley Romare Bearden mural is on display at the San Francisco Museum
of Modern Art through May 15, 2004.

Public Comment:12 speakers.

Youth Comment:None.

Consent
Calendar

Action:Moved, seconded and carried (Hawley/Worthington) to
adopt the Consent Calendar in one motion except as indicated:

Recommendation:Adopt a Resolution
reviewing and confirming the continued existence of a local emergency with
regard to HIV transmission from use of HIV-infected needles among injection
drug users, and authorizing the local health officer to take steps to enable the
operation of Needle Exchange Emergency Distribution.

Recommendation:Approve invitation for
bids and request for proposals (RFP) that: 1) will be, or are planned to be, issued; 2) have been issued and received due
to extenuating circumstances; or 3) that have been sent out (opened) but not
yet received (closed).

Recommendation:Adopt a Resolution
authorizing the City Manager to execute a sole source contract with the Rising
Sun Energy Center (RSE) for the California Youth Energy Services (CYES) program
in an amount not to exceed $293,920 for the period from February 1, 2004 to May
1, 2006

Recommendation:Adopt a Resolution
authorizing the City Manager to:1 ) accept $154,020 in federal funds from the
COPS Homeland Security Overtime Program to be used to fund overtime costs for
homeland security training sessions and other law enforcement activities that
are designed to assist in the prevention of acts of terrorism and other violent
and drug related crimes; 2) utilize $51,340 from the exiting Proposition 172
funds, to cover the required local match; and 3) establish a trust account for
the period September 1, 2003 to August 31, 2004.

Recommendation:Adopt a Resolution: 1)
approving plans and specifications for the Sather Gate Garage Mall Code
Upgrades; 2) waiving permit fee; 3) accepting the bid of Eternal Construction,
Inc.; and 4) authorizing the City Manager to execute a contract and any
amendments in an amount not to exceed $350,000.

Recommendation:Adopt a Resolution
supporting Measure A, the Alameda County “Essential Health Services Tax”, which
will increase the sales tax in Alameda County by a half of a percent to fund
health services.This measure will
appear on the March 2, 2004 ballot.

Recommendation:Approve a Proclamation
recognizing the contributions of Bill Moore, resident of Strawberry Creek
Lodge, on his 90th birthday for his life-long contributions of
public service and social action and present this proclamation at the February
10, 2004 meeting.

Recommendation:1. Oppose SB 69 (Oller),
which would require an individual with a disability to provide notification
that a public or housing accommodation does not provide full and equal access;
notification by the owner/manager to notify the individual of any planned
access improvements and to make improvements within a specified period;
prohibiting a cause of action under any state disabled access law during this
period; and prohibiting recovery of attorney’s fees, damages or other costs
with respect to any action regarding access improvements.2) Send letters of opposition to the Senate
Judiciary Committee and the California Foundation of Independent Living
Centers.

Contact:
Kriss Worthington, Councilmember District 7, 981-7170

Action: Approved recommendation.

13.Oppose SB 1277:State
and Local Law Enforcement Discipline, Accountability, and Due Process Act of
2003

Recommendation:Oppose SB 1277 - State and
Local Law Enforcement Discipline, Accountability, and Due Process Act of 2003,
which would set federal standards for police officer discipline and accountability,
a realm heretofore legislated at state and local levels.

Recommendation: The City Manager takes no position concerning the recommendations of the
Commission.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Approved
recommendation.

Old
Business

14.Appeal: 1600 Shattuck Avenue(Public
Hearing closed on 1/20/04.Council
discussion held on 1/27/04 and continued to this meeting for purposes of
obtaining additional information from staff. Written communication should be
forwarded to the City Clerk for presentation to Council.)

Recommendation:Conclude the public
hearing and direct staff to prepare a Resolution and findings to approve a Use Permit
to establish a Sprint Wireless Communication Facility consisting of three
antennas on the rooftop and associated equipment in the basement at 1600
Shattuck AvenueFinancial Implications:None.

Recommendation:Without taking any public
comment at tonight’s meeting, continue the public hearing to January 20, 2004
to allow adequate time for public review of an engineering report providing
independent evaluation of technical aspects of the proposed project, and the
attendance of all involved parties.

Recommendation: Conduct a Public Hearing, allowing each of the two appellants and the
applicant five minutes each to summarize their position, and continue the
hearing until October 21, 2003 to allow adequate time for public view of an
engineering report providing independent evaluation of technical aspects of the
proposed project.

Recommendation:Open the public hearing, allow
each of the two appellants and the applicant five minutes each to summarize
their position, and continue the hearing until July 15, 2003 to allow completion
of an engineering report providing independent evaluation of technical aspects
of the proposed project.

Recommendation:Adopt a Resolution affirming the
Zoning Adjustments Board (ZAB) approval of the Use Permit to establish a Sprint
Wireless Communication Facility including 3 antennas on the rooftop and
associated BTS (wireless telecommunications) equipment in the basement, UP#
02-10000053, and dismissing the appeal.

Action:Moved, seconded, carried
(Worthington/Maio, Noes – Hawley, Wozniak, Abstain – Shirek) to direct the City
Attorney to prepare findings on both upholding and overturning the Zoning
Adjustments Board decision for the February 17, 2004 meeting.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a
decision by the City Council to approve or deny a use permit or variance for a
project the following requirements and restrictions apply:1) No lawsuit challenging a City decision to
deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code '65009(c)(5)) a use
permit or variance may be filed more than 90 days after the date the Notice of
Decision of the action of the City Council is mailed. Any lawsuit not filed
within that 90-day period will be barred.2) In any lawsuit that may be filed against a City Council decision to
approve or deny a use permit or variance, the issues and evidence will be
limited to those raised by you or someone else, orally or in writing, at a
public hearing or prior to the close of the last public hearing on the project.

Recommendation:Adopt first reading of an
Ordinance amending the FY2004 Annual Appropriation Ordinance No.6752-N.S. for
FY2004 based upon recommended reappropriation of unexpected FY2003 funding and
other adjustments since July 1, 2003 in the amount of $20,723,734.

Financial Implications:All funds -
$20,723,734.

Contact:Tracy Vesely, Budget, 981-7000

Action: No report submitted.Held over to February 17, 2004 by the City
Manager.

Recommendation:Adopt a Resolution appointing a
member of the Council to be the City’s point of contact with other cities’
representatives for the sports field Joint Powers Agreement (JPA) and
appointing a member as an alternate.

Recommendation:Appoint Mayor Bates as the
City of Berkeley’s point of contact with other cities’ representatives for the sports
field Joint Powers Agreement (JPA) and appoint Councilmembers Betty Olds as
alternate.

Recommendation:1) Direct the City Manager
to hold on the installation of any $25,000 traffic circles that have not yet
begun construction. 2) Request that staff and the Transportation Commission
select among the attractive but much less expensive circles that other cities
have implemented, and make a proposal to Council on appropriate circle designs
and how to best distribute the circles throughout the City based on need.

Recommendation:Direct the Office of
Transportation to: 1) aggressively develop new, lower cost traffic circle
designs that emphasize effective width and landscaping; 2) review designs of
current traffic circles in light of the new designs to determine if their cost
can be reduced prior to going out to bid; 3) direct the Traffic Calming
Subcommittee to meet and review the new designs; and 4) continue to investigate
the abnormally high construction costs of circles in Berkeley compared to other
municipalities.

Contact: Peter Hillier, Secretary, 981-7010

Actions:Mayor Bates announced that
he needed to recuse himself since he lives within 500 feet of some of the
proposed traffic circles.

Moved, seconded (Maio/Olds) a substitute motion to: 1) ask the City Manager to
prepare a report for February 24, 2004 on the availability of high quality but
less expensive traffic circles after which Council would determine the
appropriateness of utilizing a less-expensive but acceptable alternative if
such alternative seems feasible and 2) request the City Manager include
engineering costs already incurred for circles in the pipeline and a schedule
for implementation if a new circle is to be pursued with the understanding that
existing commitments for circles remain intact.

Moved, seconded, carried (Hawley/Worthington, Abstain
–Shirek, Wozniak; Absent- Bates) a main motion to: 1) keep the promises made to
the LeConte neighborhood for the five new traffic circles, doing so in the most
cost effective manner possible while still meeting the needs of the
neighborhood and 2) request that the City Manager return with a report on
February 24, 2004 on the availability of high quality but less expensive
traffic circles for future circles and to include engineering costs already
incurred for circles in the pipeline and a schedule for implementation for new
circles.

18.Use of Helicopters by Berkeley Police Department and Outside
Jurisdictions

Recommendation: Reiterate in a Berkeley Police
Department Training and Information Bulletin the Council directive delineating
specific circumstances in which use of helicopters from outside jurisdictions
is allowed.

Recommendation: That no action be taken on the
recommendations of the Commission.

Contact: Phil Kamlarz, City
Manager, 981-7000

Action: Moved, seconded, carried (Hawley/Olds) to
approve the City Manager’s recommendation to not move forward with the
Commission’s recommendation but to ask the City Manager to issue a press
release reiterating the City’s policies and procedures.